77 Ill. Adm. Code 775.50
Permits
Section 775
Section 775.50Â Permits
It shall be unlawful for any
person to establish, maintain, conduct, or operate a dairy farm, milk plant,
receiving station, or transfer station processing milk or milk products, to
establish and operate a cleaning and sanitizing facility or milk tank truck, to
haul or sample milk, or to act as a certified pasteurizer sealer within this
State, or to bring in and distribute from out-of-state milk and milk products
without first obtaining a permit from the Department.
(Section 5 of the
Act)
a)Â Â Â Â Â Â Â Â The Department will grant and renew a permit for persons who
maintain, conduct, or operate a milk plant, receiving station, transfer
station, or cleaning and sanitizing facilities within the State of Illinois
upon completion of an inspection that establishes compliance with the Act and
this Part and upon payment of the fee required by Section 5.1 of the Act. Milk
plants that maintain cleaning and sanitizing facilities on the same site as the
plant do not have to obtain a separate permit for those facilities.
b)Â Â Â Â Â Â Â Â The Department will grant and renew a permit for persons who
bring into and distribute pasteurized milk or milk products from another state
that has administrative rules or requirements that provide for clean, sanitary
and safe handling and processing of pasteurized milk and milk products to
ensure protection equivalent to that provided by this Part upon receipt of an
inspection report that establishes compliance with that state's administrative
rules or requirements and upon payment of the fee required by Section 5.1 of
the Act.
c)Â Â Â Â Â Â Â Â A permit will be granted to a milk hauler-sampler when the
following conditions are met:
1)Â Â Â Â Â Â Â Â An inspection establishes that the milk hauler-sampler's
equipment is in compliance with the provisions of the Act and this Part;
2)Â Â Â Â Â Â Â Â The milk hauler-sampler has successfully completed an
examination administered by the Department; and
3)Â Â Â Â Â Â Â Â The milk hauler-sampler has paid the fee required by Section
5.1 of the Act.
d)Â Â Â Â Â Â Â Â A renewal permit will be granted to a milk hauler-sampler when
an inspection establishes that the milk hauler-sampler's equipment and sampling
procedures are in compliance with the provisions of the Act and this Part and
upon payment of the fee required by Section 5.1 of the Act.
e)Â Â Â Â Â Â Â Â Dairy Farm Permits
1)Â Â Â Â Â Â Â Â A dairy farm permit is necessary when a farm does not
presently hold a permit, when a change of ownership occurs and only the farm
owner's name was on the permit, or when a change of tenant occurs and only the
former tenant's name was on the permit.
2)Â Â Â Â Â Â Â Â A dairy farm permit will be granted to a dairy farm upon the
completion of an inspection that establishes compliance with the Act and this
Part. The inspection includes procedures for the establishment of a quality
record. The quality record is established by the results of four samples taken
at a rate of not more than two per week and on separate days within a
three-week period.
3)Â Â Â Â Â Â Â Â Beginning July 1, 2016, a dairy farm with a dairy farm permit
may sell or offer for sale for human consumption raw milk on the premises of
the dairy farm in accordance with Section 775.55.
4)Â Â Â Â Â Â Â Â Beginning July 1, 2016, it is unlawful for any person who does
not possess a dairy farm permit in accordance with Section 775.50 or a raw milk
permit in accordance with Section 775.55 to produce, process, sell, offer for
sale or distribute raw milk for human consumption.
5)Â Â Â Â Â Â Â Â Beginning
July 1, 2016, a dairy farm producing raw milk for consumption only by family
members living on the dairy farm shall be exempt from Section 775.55.
f)Â Â Â Â Â Â Â Â Certified
Pasteurizer Sealer Permits will be issued in accordance with Section 775.115.